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Home My WebLink AboutO-2002-048 ORDINANCE NO. 2002-048 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE REZONING REQUEST BY JOHN BARTLEY, B & B BUILDERSFOR PROPERTY LOCATED EAST OF SE 2ND AVENUE NORTH OF SHERIDAN STREET, WITHIN THE CITY OF DANIA BEACH, FLORIDA, AND LEGALLY DESCRIBED IN EXHIBIT "A", A COPY OF WHICH IS ATTACHED TO THIS ORDINANCE; CHANGING THE CURRENT ZONING CLASSIFICATION OF THE PROPERTY FROM C-2 (COMMERCIAL) TO THE CLASSIFICATION OF PUD-B (PLANNED UNIT DEVELOPMENT) ASSIGNING NINETEEN (19) RESERVE UNITS; SUBJECT TO CERTAIN RESTRICTIONS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the rezoning request filed by John Bartley, B & B Builders, for property located east of SE 2"d Avenue, North of Sheridan Street, and legally described in Exhibit "A", a copy of which is attached to this ordinance and which is located within the City of Dania Beach, Florida, is granted and the property is rezoned from its present zoning classification of C-2 (Commercial) to PUD-B (Planned Unit Development) with the assignment of nineteen (19) reserve units; Section 2. That approval of the PUD-B zoning designation for the above referenced property shall include as an exhibit, Site Plan No. SP-43-02 (Resolution No. 2002- ), prepared by , and dated . Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed. Section 4. That this ordinance shall take effect upon the recording and filing of the document identified above in the Broward County Public Records. PASSED and'ADOPTED on first reading on the 241h day of September, 2002. PASSED and ADOPTED on second ding on the 26th day of November, 2002. O �ERTH,. CHUNN, JMA OR— OMMISSIONER John Bartley RZ-42-02 1 ORDINANCE NO. 2002-048 ATTEST: ROLL CALL: COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JOH ON COMMISSIONER MIKES - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CHUNN - YES APPROVED AS TO FOT AND CORRECTNESS: //�\, 4 � n BY: TH MAS rANbItRO CITY ATTORNEY John Bartley RZ-42-02 2 ORDINANCE NO. 2002-048 EXHIBIT "A" LEGAL DESCRIPTION Lots 17 less the West 10 feet, Lots 18, 19 and 20, all of Block 1, St. James Park North, according to the Plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida; Along with Lots 22 and 23 of Block 2, St. James Park North, according to the Plat thereof, as recorded in Plat Book 3, Page 33 of the Public Records of Broward County, Florida; Along With - Lots 24 and 25 in Block 2 of St. James Park North, a subdivision, according to the Plat thereof, recorded in Plat Book 3, at Page 33 of the Public Records of Broward County Florida. Along with Lots 26 and 21 of Block 2, St. James Park North, according to the Plat thereof, as recorded in Plat Book 3, Page 33, of the Public Records of Broward County, Florida, i John Bartley RZ-42-02 3 ORDINANCE NO. 2002-048 ® CITY OF DANIA BEACH GROWTH MANAGEMENT DEPARTMENT STAFF REPORT a TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Growth Management Department SUBJECT: RZ-42-02: Zoning Change from C-2 (Commercial) to PUD-B (Planned Unit Development) and Allocation of 19 Reserve Units VC-07-02: Permission to vacate unimproved portions of SE 141h and iSth Streets east of SE 2"d Avenue VA-46-02: Variance to allow a minimum parcel size of 2.31 acres (Minimum 1S-acre parcel required) SP-43-02: Site Plan Approval to Construct 19 Single Family Homes Property generally located east of SE 2"d Avenue north of SE 15th Street Extended APPLICANT: John Bartley DATE: November 26, 2002 ZONING CHANGE The subject parcel (zoned C-2) is vacant. The subject parcel has a `Commercial" Land use designation. The zoning designations and existing land use for the surrounding properties are as follows: Surrounding Properties: Existing Zoning Existing Land Use North OS School East RM-2 Apartments South C-2 Office/Vacant West C-2 Single Family BARTLEY 2nd Avenue CC Memo.doc Current zoning permits office, retail, motel, and hotel use. The City Commission previously denied a request to rezone this property to RM-3 for rental apartments. This property is located within Flexibility Zone 84. Flex Zone 84 includes that portion of the City east of the FEC railroad tracks and south of the Dania Cut-Off Canal. There are an estimated 171 reserve units remaining in Flex Zone 84. The applicant is requesting 19 reserve units in conjunction with his rezoning request to PUD-B, leaving a balance of 152 reserve units within Flex Zone 84. The City of Dania Beach cannot replenish the reserve unit pool once exhausted. Staff supports the use of reserve units for small-scale projects (25 or less units) consistent with the comprehensive plan or the objectives of the City Commission. MINIMUM LOT SIZE VARIANCE Staff has no objection to this variance. SITE PLAN WITH PUD-B ZONING REQUIREMENTS The site plan indicates the following: 1) 30% building coverage provided (Maximum 35% allowed). 2) 42% pervious area provided (Minimum 40% required). 3) 47 exterior parking spaces provided (44 exterior parking spaces required). 4) 19 dwelling units provided (PUD-B allows up to 23 units). 5) Lot Size: Minimum 3,600 — 3,800 square feet provided. 6) Front yard setback: Minimum 20 feet provided. 7) Rear yard setback: Minimum 14' feet provided. 8) Side yard setback: Minimum five feet provided (Minimum 10 feet distance between units). PUD-B requires no minimum lot size or setback requirements. The lot size and setbacks are consistent with those provided in "Maple Ridge" (City of Hollywood), specifically that portion of Maple Ridge located at the southeast corner of Griffin Road and SW 40t' Avenue. BARTLEY 2nd Avenue CC Memo.doc PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION ZONING CHANGE AND RESERVE UNIT ALLOCATION: Approval. ROAD AND EASEMENT VACATION REQUEST: Approval, pending City Attorney and Public Works/Utilities Director approval qcLor to execution of vacation resolution. VARIANCE: Approval, subject to following: 1) Provide floor plan demonstrating that garage is sufficiently large to accommodate two cars, including minimum garage door width of 16 feet. 2) Obtain written approval of Fire-Rescue and Public Works/Utilities Departments. 3) Please provide the details; including types, colors, and embellishments of the proposed six (6) foot masonry wall and the homes. Additionally, the height of the wall must be measured from the elevation of the adjacent parking area. 4) Compliance with attached Exhibit A (Landscape Comments). SITE PLAN: Approval, subject to variance approval conditions 1 — 4 above. BARTLEY 2nd Avenue CC Memo.doe Exhibit A Dania Beach Homes (John Bartley) Landscape Comments 1. Provide a note on the landscaping plans that all proposed tree removals shall require a tree removal permit from the City of Dania Beach. 2. The proposed mitigation for the trees shall be as follows: • $5,000.00 payable to the City of Dania Beach Tree Trust Fund for the removal of the 60"Strangler fig. • In the front yard, each lot shall be required to have a minimum of 2 trees and 25 shrubs (24'` x 24" x 24), excluding shrubs screening equipment, in the front yard. One tree shall be a Live Oak street tree (12' high, 5' spread, 2" DBH and 4.5' Clear trunk). The other tree shall be three staggered 14'-18' high palms that equal one tree. • In the rear yard, each lot shall require one Live Oak Street Tree (12' high, 5' spread, 2" DBH and 4.5 clear trunk) or 3 staggered 14'-18' high palms that equal one tree. • Additionally on lots 1, 5, 6, 10, 11 and 19 an extra three (10' high, 5' spread, 1.5" DBH and 4' clear trunk) trees are required on the open side. Lastly, lots 1 and 11 shall require one extra 10' tall, 5' spread, 1.5" DBH and 4' clear trunk tree. 3. Provide tree protection barricade details and notes on the landscaping plans for the preserved Royal palm. Additionally, add "minimum application of water to imperious areas" and a rain sensor to be installed to the irrigation note. 4. Provide additional landscaping (hedges) around the parking areas, A/C units and add 4 more Foxtail palms to the entrance (2 on each side of the driveway). BARTLEY 2nd Avenue CC Memo.doc AGENDA REQUEST FORM CITY OF DANIA BEACH 914 AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: NOVEMBER 26, 2002 2. DESCRIPTION OF AGENDA ITEM: PUBLIC HEARING - RZ42-02 REZONING 3. COMMISSION ACTION BEING REQUESTED: ADOPT ORDINANCE ON 2ND READING REQUEST FOR ZONING CHANGE FROM C-2 (COMMERCIAL) TO PUD - B (PLANNED UNIT DEVELOPMENT) INCLUDING THE ASSIGNMENT OF 19 RESERVE UNITS (JPROPERTY GENERALLY LOCATED EAST OF SE 2ND AVE NORTH OF SHERIDAN STREET). 4. SUMMARY EXPLANATION & BACKGROUND: REZONING REQUEST BY JOHN BARTLEY OF B & B BUILDERS CORPORATION FOR PROPERTY GENERALLY LOCATED EAST OF SE 2ND AVE NORTH OF SHERIDAN STREET. 5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS (PLEASE LIST): Staff Report Ordinance Review sheets response from Fire Marshal, Public Works / Utilities Director Rezoning Application Location Map 6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $ 7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA: Submitted by: Laurence G. LeL-ds, AICP, Director Date November 13, 2002 Growth Management Department City Manager Date CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: July 26, 2002 Folio#: Project Name: DANIA BEACH HOMES /JOHN BARTLEYProject No. VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. ❑ FIRE MARSHAL: Ed Tarmey UTILITIES DIRECTOR: Michael Sheridan ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ ] DENIED: r APPROVED WITH CONDITIONS: [ ], List conditions: Please review revised site plan and return with comments if any. �-) o,e Imo12 ' SLJ �L �n1� �� viov v) c� v Si re Print Name Date Route Sheet Form.doc CITY OF DANIA BEACH ROUTING SHEET 100 W. Dania Beach Blvd. Dania Beach, FL 33004 Phone: (954) 924-3645 Fax: (954) 922-2687 Date: July 26. 2002 Folio#: Project Name: DANIA BEACH HOMES /JOHN BARTLEYProject No. VIA: MAIL PICKUP IN-HOUSE X PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE GROWTH MANAGEMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION. PLEASE LOG YOUR TIME SPENT AND COMMENTS ON THE ATTACHED REPORTING SHEET. THANK YOU. FIRE MARSHAL: Ed Tarmey ❑ UTILITIES DIRECTOR: Michael Sheridan ❑ LANDSCAPING CONSULTANT: Bill Tesauro APPROVED AS SUBMITTED: [ ] DENIED: [ ] APPROVED WITH CONDITIONS: List conditions: Please review revised site plan and return with comments if any. � IQf. 1 k2 tL5i be r ar i7 - i A �c _ 4 Sign e Print Name Date Route Sheet Fortn.doc CITY OF ,NIA BEACH GROWTH MANAGE. -NT DEPT. PLANNING AND ZONING DIVISION 100 W. DANIA BEACH BLVD. DANIA BEACH, FL 33004 (954) 924-3645 Phone—(954) 922-2687 Fax PETITION FOR REZO NING DATE: PETITION RZ- 00 TO CITY OF DANIA BEACH PLANNING AND ZONING BOARD AND DANIA BEACH CITY COMMISSION, A REZONING OF PROPERTY AS HEREINAFTER INDICATED IS HEREBY REQUESTED BY: PETITIONER: yt ( ( LEGAL DESCRIPTION OF SUBJECT PROPERTY: (FOLIO #) '54- 5Ay, -c j2V nGt4�� 31 k ► 1-7 -- 20 OL GENERAL LOCATION OF SUBJECT PROPERTY: 4 (cJ si-� PRESENT ZONING: C2- REQUESTED ZONING: REASONS & JUSTIFICATION FOR REQUESTED REZONING: A 0 (Note: If more than one zoning classification is requested, please attach complete legal description of 9ch zoning classification requested.) NOTE: ALL SIGNATURES MUST BE NOTARIZED BY ORDER OF DANIA BEACH CITY COMMISSION Sworn to and subscribed before me Signature of Petitioner (Also Print Name) this day of 20 LUh+rL Notary Public State of Ui Lrct Printed Name of Notary Street Addre s, City Stqfe & Zi Commission Expires C-ch�y �-�,2��crL�►3 Seal: Tcicnhnnn A111mhor nme4 C: .- Al,.... k_ a I r I{ I ii I t I i 1 I J (L1I o O o ® Cl) M T ♦^ Z w CO J i i— flA (n� M V) ' �� • MI i ��I. �I I . 11 —_' ul I j